1 License For Customer Use of NVIDIA Software
4 IMPORTANT NOTICE -- READ CAREFULLY: This License For Customer Use of
5 NVIDIA Software ("LICENSE") is the agreement which governs use of the
6 software of NVIDIA Corporation and its subsidiaries ("NVIDIA")
7 downloadable herefrom, including computer software and associated
8 printed materials ("SOFTWARE"). By downloading, installing, copying,
9 or otherwise using the SOFTWARE, you agree to be bound by the terms
10 of this LICENSE. If you do not agree to the terms of this LICENSE,
11 do not download the SOFTWARE.
15 Use of NVIDIA's products requires three elements: the SOFTWARE, the
16 hardware on a graphics controller board, and a personal computer. The
17 SOFTWARE is protected by copyright laws and international copyright
18 treaties, as well as other intellectual property laws and treaties.
19 The SOFTWARE is not sold, and instead is only licensed for use, strictly
20 in accordance with this document. The hardware is protected by various
21 patents, and is sold, but this LICENSE does not cover that sale, since
22 it may not necessarily be sold as a package with the SOFTWARE. This
23 LICENSE sets forth the terms and conditions of the SOFTWARE LICENSE only.
27 1.1 Customer. Customer means the entity or individual that downloads
32 2.1 Rights and Limitations of Grant. NVIDIA hereby grants Customer
33 the following non-exclusive, non-transferable right to use the
34 SOFTWARE, with the following limitations:
36 2.1.1 Rights. Customer may install and use one copy of the SOFTWARE
37 on a single computer, and except for making one back-up copy of the
38 Software, may not otherwise copy the SOFTWARE. This LICENSE of SOFTWARE
39 may not be shared or used concurrently on different computers.
41 2.1.2 Linux/FreeBSD Exception. Notwithstanding the foregoing terms
42 of Section 2.1.1, SOFTWARE designed exclusively for use on the Linux or
43 FreeBSD operating systems, or other operating systems derived from the
44 source code to these operating systems, may be copied and redistributed,
45 provided that the binary files thereof are not modified in any way
46 (except for unzipping of compressed files).
50 No Reverse Engineering. Customer may not reverse engineer, decompile,
51 or disassemble the SOFTWARE, nor attempt in any other manner to obtain
54 No Separation of Components. The SOFTWARE is licensed as a single product.
55 Its component parts may not be separated for use on more than one computer,
56 nor otherwise used separately from the other parts.
58 No Rental. Customer may not rent or lease the SOFTWARE to someone else.
62 This LICENSE will automatically terminate if Customer fails to comply
63 with any of the terms and conditions hereof. In such event, Customer
64 must destroy all copies of the SOFTWARE and all of its component parts.
66 Defensive Suspension. If Customer commences or participates in any legal
67 proceeding against NVIDIA, then NVIDIA may, in its sole discretion,
68 suspend or terminate all license grants and any other rights provided
69 under this LICENSE during the pendency of such legal proceedings.
73 All title and copyrights in and to the SOFTWARE (including but not
74 limited to all images, photographs, animations, video, audio, music,
75 text, and other information incorporated into the SOFTWARE), the
76 accompanying printed materials, and any copies of the SOFTWARE, are
77 owned by NVIDIA, or its suppliers. The SOFTWARE is protected by copyright
78 laws and international treaty provisions. Accordingly, Customer is
79 required to treat the SOFTWARE like any other copyrighted material,
80 except as otherwise allowed pursuant to this LICENSE and that it may
81 make one copy of the SOFTWARE solely for backup or archive purposes.
85 This LICENSE shall be deemed to have been made in, and shall be
86 construed pursuant to, the laws of the State of California. The
87 United Nations Convention on Contracts for the International Sale
88 of Goods is specifically disclaimed.
90 6. DISCLAIMER OF WARRANTIES AND LIMITATION ON LIABILITY
92 6.1 No Warranties. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW,
93 THE SOFTWARE IS PROVIDED "AS IS" AND NVIDIA AND ITS SUPPLIERS DISCLAIM
94 ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED
95 TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
98 6.2 No Liability for Consequential Damages. TO THE MAXIMUM EXTENT
99 PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL NVIDIA OR ITS SUPPLIERS
100 BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES
101 WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS
102 PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY
103 OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE
104 SOFTWARE, EVEN IF NVIDIA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
109 If any provision of this LICENSE is inconsistent with, or cannot be
110 fully enforced under, the law, such provision will be construed as
111 limited to the extent necessary to be consistent with and fully
112 enforceable under the law. This LICENSE is the final, complete and
113 exclusive agreement between the parties relating to the subject matter
114 hereof, and supersedes all prior or contemporaneous understandings and
115 agreements relating to such subject matter, whether oral or written.
116 This LICENSE may only be modified in writing signed by an authorized
117 officer of NVIDIA. Customer agrees that it will not ship, transfer
118 or export the SOFTWARE into any country, or use the SOFTWARE in any
119 manner, prohibited by the United States Bureau of Export Administration
120 or any export laws, restrictions or regulations.